Legal Question in Wills and Trusts in Illinois
Disclaimer
Does a disclaimer have the effect of transferring the interest disclaimed to the remaining heirs standing in equal degree to the decedent per capita? If not, can an heir transfer his interest in whole or in part to an heir standing in equal degree to the decedent.
Asked on 11/14/08, 9:34 am
1 Answer from Attorneys
Motty Stone
Law Offices of Motty Stone
Re: Disclaimer
1) If you disclaim your portion, then that portion is added to the remainder of the estate and, yes, distributed to the other heirs.
2) If you want a certain person to get the inheritance, you are not disclaiming it, you are assigning it. There may be a bit more of a tax issue in that case, but there is no rule against giving money to someone.
Answered on 11/14/08, 12:52 pm
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